Case law
Opinions from 1658 to today.
8,141 results
1.02s
978 So. 2d 1161 · Louisiana Court of Appeal · Mar 12, 2008
Salcedo was qualified as an expert in forensic psychology. He testified that he and Dr. Richard Richoux had examined Mr. … The actions of counsel, at first blush, clearly appear to offer evidence of ineffective assistance of counsel.
Cited 10 timesPublishedLouisiana Court of Appeal · Oct 21, 2022
, and b) have total qualified educational expenses that exceed the student' s total financial aid package. … The evidence established that, since the enactment of La. R.S. 17: 3351. 9 and La. R.
Cited 0 timesUnknownEk v. Nationwide Candy Division, Ltd.
403 So. 2d 780 · Louisiana Court of Appeal · Jul 22, 1981
We do the rest if you qualify. In Beaumont, Call Mr. Barron (713) 892-2222 Sunday, Monday, Tuesday, (9-9) only Nationwide Candy Division 6455 Almaden Expwy, San Jose Calif." … The record in the instant case clearly established that the plaintiff, Mrs. Ek, invested the sum of $6,597.00 in the subject vending machine transaction.
Cited 15 timesPublishedAustin v. Travelers Insurance Co.
79 So. 2d 383 · Louisiana Court of Appeal · Mar 22, 1955
In simple language, plaintiff complains to be suffering from- the effect of TNT poisoning, which clearly brings him under the above quoted wording of the statute, for according to the uncontroverted testimony of one of the … DeLee, an eminently qualified specialist in internal medicine, whose qualifications, however, according to the record, only reflect his graduation from Tulane University in 1934. Dr.
Cited 1 timesPublished12 So. 3d 363 · Louisiana Court of Appeal · May 27, 2009
Jaffe is qualified by education or experience to offer expert testimony in this matter. Thus, Diamond argued that the testimony of Dr. Carter and Dr. … Specifically, Diamond argues that the evidence only established a possible causal link to gastrointestinal illness.
Cited 4 timesPublishedAndrews v. COLUMBIA CAS. INS. CO.
960 So. 2d 134 · Louisiana Court of Appeal · Mar 23, 2007
In this opinion, unless otherwise specified, the "Auto Dealers General Declarations" page is what is meant when "the declarations page" is discussed. [2] This exception was further qualified to apply only to customers who … However, there was no testimony or documentation to establish this fact.
Cited 1 timesPublishedCembell Industries, Inc. & the Gray Insurance Company v. Kevin Smith
Louisiana Court of Appeal · Feb 11, 2025
Smith, who was called as Cembell’s witness; • Susan Davidson, who was Cembell’s vocational rehabilitation counselor and who was qualified as an expert in that field; • Tracy Knight, who was a certified private … To establish a 9 Cembell contends the WCJ erred in the following three respects: • Finding Mr.
Cited 0 timesPublished185 So. 3d 144 · Louisiana Court of Appeal · Jan 13, 2016
It is a well-established rule that the trial judge has wide discretion in acting upon a motion for continuance. The ruling will not be disturbed- on appeal in the absence of a clear showing of abuse of that discretion. … Therefore, the defendants must have contemplated that the potential amount of damages in this case qualified for a jury trial. As noted above, Shapell suffered a wrist injury and other injuries in the accident. .
Cited 10 timesPublishedAmy Robinson v. Allen Parish Police Jury
Louisiana Court of Appeal · Dec 30, 2005
While medical evidence might be necessary to establish whether the delay in transporting Mr. … The licensing requirements clearly differentiate between its health care and professional medical services functions and its function as a provider of vehicles of transportation.
Cited 0 timesUnknownLouisiana Court of Appeal · Jul 3, 2019
This court concluded that the M/V Crown did not qualify as a vessel in navigation for purpose of invoking federal admiralty jurisdiction. … Thus, Justice Dennis’s sentiments are especially germane: “if a judge ignores a clearly applicable Code rule and follows another jurisdiction’s case, his example of using the wrong starting point or source
Cited 0 timesUnknownLouisiana Court of Appeal · Jul 3, 2019
This court concluded that the M/V Crown did not qualify as a vessel in navigation for purpose of invoking federal admiralty jurisdiction. … Thus, Justice Dennis’s sentiments are especially germane: “if a judge ignores a clearly applicable Code rule and follows another jurisdiction’s case, his example of using the wrong starting point or source
Cited 0 timesUnknown14 La.App. 5 Cir. 324 · Louisiana Court of Appeal · Oct 29, 2014
In Barattini, supra, the court noted that “[w]hen factual findings are based on determinations regarding the credibility of witnesses, the manifest error-clearly wrong standard of review demands great deference to the trier … Dominy was not qualified to testify as to the meaning of anything in the nursing home records.
Cited 1 timesPublished87 So. 2d 386 · Louisiana Court of Appeal · Apr 27, 1956
Albert Hyman, a qualified cardiac specialist, testified on behalf of plaintiff most positively that trauma may precipitate the factors leading to death through myocardial infarct of a sixty-two year old man in decedent's … Kety which in my opinion is clearly not shown to be disinterested.
Cited 17 timesPublishedMcCain v. Pan-American Petroleum Corp.
142 So. 376 · Louisiana Court of Appeal · Jun 15, 1932
Even though he is an interested party, it must be conceded that the plaintiff is the best qualified to speak in this case. … The trial judge is in the best position to do it, and, unless his estimate is clearly erroneous and out of line, we prefer not to disturb it.
Cited 3 timesPublished282 So. 2d 799 · Louisiana Court of Appeal · Jun 29, 1973
Since he was admittedly not a qualified appraiser and realtor and since the Court did not feel that as an opponent he could be considered "objective", he was rejected as an expert, but allowed to testify as a building contractor … App.] 1972), 270 So.2d 218 , wherein the court said: `it is well established that a husband purchasing immovable property during the existence of a marriage must make a declaration in the act of conveyance that the property
Cited 5 timesPublishedLaura Carter v. Iberia Parish School Board
Louisiana Court of Appeal · Dec 13, 2017
“The determination of whether an employer should be cast with penalties and attorney fees in a workers’ compensation case is essentially a question of fact and subject to the manifest error/clearly wrong standard of review … Additionally, in Ward, 53 So.3d 421, the Louisiana Supreme Court held that the OWC hearing officer “was not clearly wrong in determining Ms. Ward proved by a preponderance of the evidence” that Ms.
Cited 0 timesUnknownLouisiana Court of Appeal · Dec 9, 2022
“[T]he trial court is afforded wide discretion in determining whether expert testimony should be admitted and who should or should not be qualified as an expert. … A trial court's decision to qualify an expert will not be overturned absent an abuse of discretion.” Boudreaux v. Bollinger Shipyard, 15-1345, p. 15 (La.
Cited 0 timesPublishedSanders v. Boh Bros. Construction Co.
304 So. 2d 812 · Louisiana Court of Appeal · Nov 27, 1974
Doctor Yongue also stated clearly that he thought plaintiff would be handicapped (as compared to a person who had not had this injury) in performing common labor (T.26). … It is well established in our jurisprudence that a common laborer, even though not completely incapacitated, will be considered totally and permanently disabled within the meaning of the Act if he is no longer able to compete
Cited 2 timesPublished942 So. 2d 45 · Louisiana Court of Appeal · Sep 27, 2006
The Court further noted that "some statements qualify under any definition-for example, ex parte testimony at a preliminary hearing." Crawford, 541 U.S. at 52 , 124 S.Ct. at 1364 . … Nonetheless, we found the error harmless given the other evidence establishing the State's case.
Cited 17 timesPublished831 So. 2d 433 · Louisiana Court of Appeal · Oct 29, 2002
Harrison was qualified as an expert in the use, packaging, distribution, trafficking, and value of narcotics. … However, his broad experience in illegal narcotics would arguably have qualified him to comment on the use of police informants.
Cited 23 timesPublished
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